Another Cyberlaw ruling from the Ninth
For the second day in a row, the Ninth Circuit issued an important ruling relating to Internet copyright ruling.
In Perfect 10 v. Amazon.com, Inc., the Ninth Circuit lifted a preliminary injunction preventing Google from showing thumbnail-size photos from Perfect 10’s site. The Court reasoned that displaying the thumbnail-sized photos, which requires Google to copy and store an image of Perfect 10’s photos on its own computers, is an infringement. But the Court held that a party seeking a preliminary injunction must show a likelihood of prevailing over a defense. Perfect 10did not show a likelihood of overcoming Google’s fair use defense because the thumbnails are transformative, meaning they alter the original works with “new expression, meaning or message.” The thumbnails are transformative because they serve a very different purpose than the full size image. Additionally, Google’s use serves the interests of the public and promotes the purpose of copyright law.
However, the Court also held Google could be secondarily liable for allowing links to web sites with pirated photos, if Google has knowledge of the infringing activity and contributes to its occurrence.
